Michael Smerconish ’14: Despite tension with the federal government, Washington and Colorado have recently become the first states to legalize the recreational use of marijuana. On November 6th, both Colorado’s Amendment 64 and Washington’s Initiative 502 were passed, allowing adults to possess up to one ounce of marijuana.
However, despite immense support for the legislation within the states, the bills still fail to reinforce the disparity between federal and state law. Though it may now be technically legal for individuals to own marijuana in Colorado and Washington, possession is still a violation of federal law and can be punished as such.
Federal prosecution of marijuana-related crimes has already been a significant issue for states that have legalized medical marijuana. Rebecca Cohen of The New York Times covered the story of Chris Williams, an owner of a medicinal grow house, who was arrested by federal agents in March of this year. Cohen lamented the inconsistency of our legal system, noting that “While Jerry Sandusky got a thirty-year minimum sentence for raping young boys, Mr. Williams is looking at a mandatory minimum of more than eighty years for marijuana charges and for possessing firearms during a drug-trafficking offense.” Cohen explained that though Mr. Williams was in full compliance with Montana’s state regulations, “Mr. Williams will not be free to raise his teenage son.”
The federal crackdown in Montana came as a surprise to many. In 2009, a report from the Justice Department suggested that the US would take a more lax approach towards individuals in line with their state’s laws. As Attorney General Eric Holder wrote at the time, “It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana.” David Stout of The New York Times described the proclamation as being “hardly an enthusiastic embrace of medical marijuana, or the laws that allow it in some states, but [one that] signaled clearly that the administration thought there were more important priorities for prosecutors.” Clearly though, with hundreds of arrests like that of Williams, the United States Government has taken the crimes more seriously.
In terms of how the federal government will respond to the recreational shift in Colorado and Washington, many fear the worst. The Huffington Post reported, “President Obama’s former senior drug policy advisor said that if the marijuana initiatives pass, a war will be incited between the federal government and the states that pass them.”
After an eleven-minute phone conversation between Colorado Governor John Hickenlooper and Eric Holder, The Denver Post reported, “U.S. Justice Department officials, who consider all marijuana possession and sales illegal under federal law, have said they will continue their enforcement efforts regardless of state law but have been vague on specifics.”
Still though, even with these consequences and the inevitable legal and constitutional showdown, Colorado and Washington citizens felt the need to push through with the legislation. Though they are the only states with legal recreational use, they are two of now eighteen states that permit cannabis for medicinal purposes. With all of these states, Massachusetts being the most recent, the handling of the federal versus state delegation of power may set the precedent for not only marijuana but also the greater war on drugs.
“This will be a complicated process,” explained Hickenlooper, “but we intend to follow through. That said, federal law still says marijuana is an illegal drug, so don’t break out the Cheetos or Goldfish too quickly.”

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